HomeMy WebLinkAboutRES NO 117-19RESOLUTION NO. 1 17- 19
A RESOLUTION ORDERING JUDICIAL FORECLOSURE
OF DELINQUENT ASSESSMENTS WITHIN ASSESSMENT
DISTRICT NO. 05.1 PURSUANT TO THE IMPROVEMENT
BOND ACT OF 1915, AND ORDERING THAT THE TAX
COLLECTOR BE CREDITED WITH THOSE
ASSESSMENTS.
WHEREAS, the City of Bakersfield ("City") has conducted special
assessment proceedings from time to time, resulting in the issuance and sale of
improvement bonds pursuant to the provisions of the Improvement Bond Act of
1915 (California Streets and Highways Code Section 8500 and following,
hereafter referred to as the "1915 Act"); and
WHEREAS, Assessment District No. 05-1 (herein "AD 05-1") was created
pursuant to the 1915 Act; and
WHEREAS, pursuant to the 1915 Act, the City has duly and regularly issued
and recorded the unpaid assessments in AD 05-01, which assessments and each
installment thereof with interest and penalties thereon constitute liens against
the lots and parcels of land against which they are made, until the same are
paid; and
WHEREAS, certain assessments and installments have not been paid when
due, and certain installments of those assessments may not be paid in the
future; and
WHEREAS, pursuant to the provisions of Section 8834 of the Streets and
Highways Code of the State of California ("Streets and Highways Code"), the
City Council of the City of Bakersfield ("City Council'), acting in its capacity as
the legislative body of the AD 05-01 is authorized to order that a foreclosure
action be brought to collect the delinquent assessments due against the
properties within the Assessment District; and
WHEREAS, the City has covenanted to bondholders to institute judicial
foreclosure proceedings pursuant to the provisions of Section 8830, et seq. of the
Streets and Highways Code; and
WHEREAS, under the provisions of Section 8833 of the 1915 Act, when such
foreclosure action is ordered, the County Tax Collector is to be credited upon
the assessment roll then in his or her hand with the amount charged against him
or her on account of the assessments to be sued on and to be relieved of further
duty in regard thereto; and
JORI31t6AL
WHEREAS, the City Council acting in its capacity as the legislative body of
the AD 05-01 has determined that public convenience and necessity require
prompt action at the City Council's discretion, to initiate foreclosure
proceedings.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Bakersfield as follows:
The above recitals are true and correct
2. The City hereby orders that the delinquent assessments listed on
Exhibit "A" attached hereto and incorporated herein, and all future
installments of those assessments which are not paid when due, be
collected by action brought in the Superior Court of Kern County to
foreclose the liens thereof.
3. The City Attorney is hereby authorized and directed to institute such
actions in the name of the City to foreclose the liens of all such
delinquent assessments.
4. The City's Finance Director, or his designee, in cooperation and in
conjunction with the City Attorney is authorized and directed to
transmit a certified copy of this resolution to the Auditor/Controller's
Office of the County of Kern with a letter stating that:
a. The City Council has ordered that the delinquent installments be
collected by action brought in the Superior Court of Kern County
to foreclose the liens thereof;
b. Pursuant to Streets and Highways Code Section 8833, the Kern
County Tax Collector is to be credited upon the assessment roll
then in his or her hands with the amounts charged against him or
her on account of the Assessments to be sued upon and is to be
relieved of further duty in regard thereto; and
c. All inquiries regarding payment of the delinquent assessments
shall be forwarded to the City's Finance Director.
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ORIGINAL
I HEREBY CERTIFY that the foregoing Resolution was passed and adopted
by the Council of the City of Bakersfield at a regular meeting thereof held on
AUG 16 1019 by the following vote:
✓ ✓ ✓ ✓ ✓ ✓ ✓
AYES: COUNCIL MEMBER RIVERA, GONZALES, WEIR, SMITH, FREEMAN, SULLIVAN, EARLIER
S: COUNCILMEMBER Naxc
ABSTAIN: COUNCIL MEMBER NDr'Q--
ABSENT: COUNCIL MEMBER Nb�
4AAjA1 v1Nna �4Ai�
JU IIE DRIMAKIS
CITY CLERK and Ex Officio Clerk of
APPROVED
AUG 14 1019 the Council of the City of Bakersfield
8y
KAR N GOH
Mayor
APPROVED AS TO FORM:
VIRGINIA GENNARO
City A Corney
By*SHUA H. RUDNICK
Deputy City Attorney
JHR/vI
Attachment - Exhibit A
SWOUNCIL\Rero,vs-2CWeVaaao.ncosi Judi aaIForecIdumffic.
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ORIGINAL
EXHIBIT A
City of Bakersfield
CITY IN THE HILLS
Delinquency Detail Report
Late Charges Calculated Through: 07/31/2019
$1,278.06
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JORIGAAL
Amount
Penalt
Fees
Total
Account ID
Owner
Account Subtotal:
$583.58
$67.12
$0.00
$650.80
531 -IDI -06
-OD
SELGRATH RONALD JOHN REVOCABLE TRUST
Account Subtotal:
$306.79
$35.28
$0.00
$342.07
531-121-07-00
GAETA MANUEL P&NAVA MARIA
Account Subtotal:
$387.59
$44.57
$0.00
$432.16
531-410-55-00
ALBRECQGILBERT& BASSET PATRICIA
$1,278.06
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JORIGAAL